Section § 22300

Explanation

The main person in charge of running the system is called the chief executive officer (CEO), who also has the power to formally administer oaths.

The chief executive officer is the chief administrative officer of the system. The chief executive officer may administer oaths.

Section § 22301

Explanation

The main leader of the organization (the chief executive officer) is in charge of running the system and the plan based on the guidelines set by the board. This leader can pass on tasks to other employees unless the board specifically decides the leader must handle something personally.

The chief executive officer has the authority and responsibility for the administration of the system and the plan pursuant to the policies and rules adopted by the board. The chief executive officer may delegate to his or her subordinates any act or duty unless the board by motion or resolution recorded in its minutes has required the chief executive officer to act personally.

Section § 22302

Explanation

This section requires the establishment of an ombudsperson who acts as an advocate for members of two particular benefit programs. Their job is to review complaints from various sources about the system's employees and suggest solutions. The ombudsperson's salary should ideally be covered by savings from reduced interest payments on late benefits and better public relations efforts.

(a)CA Education Code § 22302(a) The board shall establish an ombudsperson position to serve as an advocate for the members of the Defined Benefit Program and participants of the Cash Balance Benefit Program. The duties of the ombudsperson position shall include reviewing and making recommendations to the chief executive officer regarding complaints by school employees, members, employee organizations, the Legislature, or the public regarding actions of the employees of the system.
(b)CA Education Code § 22302(b) It is the intent of the Legislature that the salary of the position of ombudsperson be offset, as much as possible, through savings realized from a reduction in interest payments on delinquent benefits to members, and through a more efficient and improved public relations program.

Section § 22302.5

Explanation

This law allows the board to hire a qualified external company to manage various administrative tasks like custodial services or record keeping to help them implement specific education-related programs.

The board may contract with a qualified third-party administrator for custodial, record keeping, or other administrative services necessary to carry into effect the provisions of Chapter 38 (commencing with Section 25000) of this part or Part 14.

Section § 22303

Explanation

This law allows a retirement counseling system to hire retired public employees part-time to help with counseling, as long as funds are available and unless a specific study advises against it. The system can also authorize representatives to receive official documents related to retirement counseling and consider those documents as received at the system's main office when delivered to these designated representatives during business hours.

(a)CA Education Code § 22303(a) Due to an increase in the demand for retirement counseling services, the system, notwithstanding any other provision of law, may contract with a county superintendent or other employer to provide retirement counseling. Retired public employees may be employed on a part-time basis for that purpose, unless and until the study required by subdivision (b) of Section 7 of Chapter 1532 of the Statutes of 1985 recommends against the employment of retired public employees for these purposes. This authorization is subject to the availability of funds appropriated for that purpose in the annual Budget Act.
(b)CA Education Code § 22303(b) The board may, by resolution, designate one or more official representatives who provide retirement counseling pursuant to subdivision (a), or as an employee of the system, to receive documents submitted pursuant to this part, Part 13.5 (commencing with Section 25900), or Part 14 (commencing with Section 26000). Notwithstanding any other provision of law, any document received by a designated system representative during regular counseling office business hours or in the course of performing counseling services pursuant to this subdivision shall be deemed to have been received by the system’s headquarters office on the date received by the officially designated system representative.

Section § 22303.5

Explanation

This law requires the board to provide a retirement information program specifically for midcareer members. The program's goal is to help these members understand the benefits and features of the Defined Benefit Program, as well as related federal Social Security benefits. It's designed to educate members on the importance of planning ahead for their financial future, legal matters, and personal needs to make informed choices about retirement options.

Notwithstanding any other provision of law, the board shall offer a midcareer retirement information program for the benefit of all members to enhance awareness of the features and benefits of the Defined Benefit Program, services of the system, federal Social Security Act programs and benefits as they apply to members, and personal planning responsibilities. This information shall be provided to assist members in understanding the importance of financial, legal, estate, and personal planning, and how choices and options offered by the system may affect retirement.

Section § 22304

Explanation

This law section explains that the costs for managing a retirement plan must be covered by the retirement fund itself and can't go over a certain legal limit each year. Additionally, the costs should be split fairly between three parts of the plan based on their respective sizes: the Defined Benefit Program, the Defined Benefit Supplement Program, and the Cash Balance Benefit Program.

(a)CA Education Code § 22304(a) The costs of administration of the plan shall be paid from the retirement fund and those costs may not exceed the amount made available by law during any fiscal period.
(b)CA Education Code § 22304(b) The administrative costs of the plan shall be divided proportionately in accordance with the assets of the Defined Benefit Program, the Defined Benefit Supplement Program, and the Cash Balance Benefit Program.

Section § 22305

Explanation

Basically, this law says that any rules the board creates to help manage certain parts of the education code, as long as they don't contradict existing rules in those parts, are as powerful as the law itself.

Any rules and regulations adopted by the board for the purpose of the administration of this part and Part 14 (commencing with Section 26000), and not inconsistent with this part and Part 14 (commencing with Section 26000), have the force and effect of law.

Section § 22306

Explanation

This section emphasizes the confidentiality of information filed with the system by members, participants, or beneficiaries of a plan. The information can only be used for specific purposes related to the plan and cannot be shared, except in certain cases. These exceptions include disclosure to the person the information is about, their authorized representatives, certain state entities, and under a legal subpoena, among others. After a member's death, certain information can be shared with people involved in distributing the deceased's benefits. Generally, the information isn't publicly accessible and can only be inspected by the board, its employees, and others authorized by law.

(a)CA Education Code § 22306(a) Information filed with the system by a member, participant, or beneficiary of the plan is confidential and shall be used by the system for the sole purpose of carrying into effect the provisions of this part, Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000). No official or employee of the system who has access to the individual records of a member, participant, or beneficiary shall divulge any confidential information concerning those records to any person except in the following instances:
(1)CA Education Code § 22306(a)(1) To the member, participant, or beneficiary to whom the information relates.
(2)CA Education Code § 22306(a)(2) To the authorized representative of the member, participant, or beneficiary.
(3)CA Education Code § 22306(a)(3) To the governing board of the member’s or participant’s current or former employer.
(4)CA Education Code § 22306(a)(4) To any department, agency, or political subdivision of this state.
(5)CA Education Code § 22306(a)(5) To other individuals or entities as necessary to validate personal information of members, participants, and beneficiaries.
(6)CA Education Code § 22306(a)(6) Pursuant to subpoena.
(7)CA Education Code § 22306(a)(7) To an agent or a physician authorized by the board in the performance of duties pursuant to Section 24003, 24012, 24103, or 24111.
(8)CA Education Code § 22306(a)(8) To a physician or psychologist authorized by the member to receive medical information, if the system determines that the information may be detrimental to the member, as provided under Section 1798.40 of the Civil Code.
(b)CA Education Code § 22306(b) Information filed with the system in a beneficiary designation form may be released after the death of the member or participant to those persons who may provide information necessary for the distribution of benefits.
(c)CA Education Code § 22306(c) The information is not open to inspection by anyone except the board and its officers and employees of the system, and any person authorized by the Legislature to make inspections.

Section § 22307

Explanation

This law allows the board to manage and distribute retirement funds to fulfill their obligations. To authorize these actions, specific leadership signatures are needed. The board can disburse funds for benefits, refunds, and investments without needing approval through the state's annual budget process. However, money spent on administrative costs must be approved by the annual Budget Act.

(a)CA Education Code § 22307(a) The board may authorize the transfer and disbursement of funds from the retirement fund for the purpose of carrying into effect this part and Part 14 (commencing with Section 26000). That action shall require signatures of either the board chairperson and vice chairperson, or the signatures of the board chairperson or vice chairperson and the chief executive officer or any employee of the system designated by the chief executive officer.
(b)CA Education Code § 22307(b) Notwithstanding Section 13340 of the Government Code, the board may disburse funds for benefits payable under this part and Part 14 (commencing with Section 26000), for the payment of refunds and for investment transactions. Funds for these purposes shall not require appropriation by the annual Budget Act.
(c)CA Education Code § 22307(c) Funds for the payment of administrative expenses are not continuously appropriated, and funds for that purpose shall be appropriated by the annual Budget Act.

Section § 22307.5

Explanation

This section establishes a special trust fund called the Teachers’ Retirement Program Development Fund within the State Treasury. This fund gets its money from a portion of the employer contributions, which are determined by a board, and is not taken from the existing Teachers’ Retirement Fund. The money is consistently available to pay for programs that aim to improve the financial security of teachers and their beneficiaries, as long as these programs are expected to generate enough revenue. Authorized people within the board can approve the use of these funds, which must comply with standard auditing procedures for public funds. Additionally, the fund will repay an amount equivalent to the initial employer contributions plus interest back to the main Teachers’ Retirement Fund, once the new programs generate income.

(a)CA Education Code § 22307.5(a) There is in the State Treasury a trust fund to be known as the Teachers’ Retirement Program Development Fund. There shall be deposited directly in that fund, and not transferred from the Teachers’ Retirement Fund, that portion of employer contributions determined by the board as necessary to fund the expenditures authorized by this section.
(b)CA Education Code § 22307.5(b) Notwithstanding Section 13340 of the Government Code, moneys in the Teachers’ Retirement Program Development Fund are continuously appropriated without regard to fiscal years to pay any costs determined by the board to be related to the development of programs authorized by statute that the board determines directly or indirectly enhance the financial security of members, participants, or beneficiaries of the State Teachers’ Retirement Plan, if the board determines, by resolution, the proposed program is to have a reasonable expectation to generate sufficient revenue to carry out the ongoing responsibilities of the programs under development and permit the subsequent deposit of funds, pursuant to subdivision (e), into the Teachers’ Retirement Fund.
(c)CA Education Code § 22307.5(c) The board may authorize the transfer and disbursement of funds from the Teachers’ Retirement Program Development Fund for the purpose of carrying into effect this section upon the signature of either or both of its chairperson and vice chairperson or the chief executive officer or any employee of the system designated by the chief executive officer.
(d)CA Education Code § 22307.5(d) Disbursements of moneys from the Teachers’ Retirement Program Development Fund of whatever nature shall be made upon claims duly audited in the manner prescribed for the disbursement of other public funds.
(e)CA Education Code § 22307.5(e) An amount equal to employer contributions deposited in the Teachers’ Retirement Program Development Fund pursuant to subdivision (a), together with interest calculated based on the actuarially assumed rate of investment return for the Defined Benefit Program for the period beginning with the deposit of employer contributions into the Teachers’ Retirement Program Development Fund and ending with the transfer to the Teachers’ Retirement Fund, on terms and conditions established by the board pursuant to subdivision (b), shall be deposited in the Teachers’ Retirement Fund, from funds generated from the programs receiving development funds pursuant to this section.

Section § 22307.6

Explanation

This law gives the board the power to order the Controller to move money from the Teachers’ Retirement Program Development Fund to another fund or account set up for the same program. The board can do this if it believes the move will help manage the program more effectively.

The board may, by resolution, direct the Controller to transfer all or a portion of the assets in the Teachers’ Retirement Program Development Fund, established pursuant to Section 22307.5, into the designated fund or account that is authorized to expend funds for the same program for which the assets in the Teachers’ Retirement Program Development Fund were credited, if the board finds that the transfer of the assets of the Teachers’ Retirement Program Development Fund into the designated fund or account would facilitate the efficient administration of the program for which the fund or account was established.

Section § 22308

Explanation

This law allows the board to fix mistakes or oversights relating to retirement benefits for its members, as long as they were caused by an honest error, surprise, or similar reasons, and fixing them doesn't give someone a benefit they wouldn't normally have. If the member didn't bother checking things a reasonable person would, it doesn't count as a mistake for the board to fix. The board can also correct mistakes caused by employers or the benefit system itself. There's a time limit on how long they have to make fixes, which ends when their obligations do. If it's not possible to correct a mistake as if it happened in the past, adjustments are made from the time the fix is actually done, especially if things can't be set straight exactly as they should have been originally.

(a)CA Education Code § 22308(a) Subject to subdivision (d), the board may, in its discretion and upon any terms it deems just, correct the errors or omissions of any member or beneficiary of the Defined Benefit Program, and of any participant or beneficiary of the Cash Balance Benefit Program, if all of the following facts exist:
(1)CA Education Code § 22308(a)(1) The error or omission was the result of mistake, inadvertence, surprise, or excusable neglect, as each of those terms is used in Section 473 of the Code of Civil Procedure.
(2)CA Education Code § 22308(a)(2) The correction will not provide the party seeking correction with a status, right, or obligation not otherwise available under this part.
(b)CA Education Code § 22308(b) Failure by a member, participant or beneficiary to make the inquiry that would be made by a reasonable person in like or similar circumstances does not constitute an “error or omission” correctable under this section.
(c)CA Education Code § 22308(c) Subject to subdivision (d), the board may correct all actions taken as a result of errors or omissions of the employer or this system.
(d)CA Education Code § 22308(d) The duty and power of the board to correct errors and omissions, as provided in this section, shall terminate upon the expiration of obligations of the board, system, and plan to the party seeking correction of the error or omission, as those obligations are defined by Section 22008.
(e)CA Education Code § 22308(e) Corrections of errors or omissions pursuant to this section shall be such that the status, rights, and obligations of all parties described in subdivisions (a), (b), and (c) are adjusted to be the same that they would have been if the act that was taken or would have been taken, but for the error or omission, was taken at the proper time. However, notwithstanding any of the other provisions of this section, corrections made pursuant to this section shall adjust the status, rights, and obligations of all parties described in subdivisions (a), (b), and (c) as of the time that the correction actually takes place if the board finds any of the following:
(1)CA Education Code § 22308(e)(1) That the correction cannot be performed in a retroactive manner.
(2)CA Education Code § 22308(e)(2) That even if the correction can be performed in a retroactive manner, the status, rights, and obligations of all of the parties described in subdivisions (a), (b), and (c) cannot be adjusted to be the same as they would have been if the error or omission had not occurred.

Section § 22309

Explanation

This section requires the retirement system to send active and inactive members an annual statement about their individual retirement accounts. These statements give information about Defined Benefit Program and Defined Benefit Supplement accounts. Members can choose to receive these statements by mail or electronically. The system must also try to find inactive members to inform them of any benefits they might be eligible for. Additionally, the way these statements are issued may be subject to other specific regulations.

(a)CA Education Code § 22309(a) Except as provided in subdivision (c), the system shall make available to each active and inactive member, at least annually after the close of the school year, a statement of the member’s individual Defined Benefit Program and Defined Benefit Supplement accounts. The system shall mail a copy of the member’s statement, provided the employer or member has informed the system of the member’s current mailing address and the member has not requested to receive that annual statement electronically, in lieu of mailing.
(b)CA Education Code § 22309(b) The system shall periodically make a good faith effort to locate inactive members to provide these members with information concerning any benefit for which they may be eligible.
(c)CA Education Code § 22309(c) The mode of issuance described in subdivision (a) is subject to Section 22337.

Section § 22310

Explanation

If a member or beneficiary owed a retirement benefit or refund cannot be found, the payment will be held in the retirement fund. Interest will continue to accumulate on these contributions until the rightful person is located.

(a)CA Education Code § 22310(a) If a benefit or refund cannot be paid because, after a good faith effort, the member or beneficiary cannot be located, the amount payable shall be returned to the retirement fund until the time the party entitled to payment is located.
(b)CA Education Code § 22310(b) Interest shall continue to accrue on the accumulated contributions pursuant to this part.

Section § 22311

Explanation

This section requires the board to keep all relevant data to analyze the plan's financial and demographic factors. This data helps evaluate the plan's assets and debts.

The board shall maintain all data necessary to perform an actuarial investigation of the demographic and economic experience of the plan and for the actuarial valuation of the assets and liabilities of the plan.

Section § 22311.5

Explanation

This law requires the board to hire an actuary to help manage pension plans effectively. The actuary's job includes advising on financial assumptions and examining past and predicted financial behaviors of the plans. They also review demographic and economic trends concerning members and beneficiaries, and check if there are enough reserves for potential gains and losses. The actuary must recommend how much to shift into reserve funds based on investment returns, and carry out valuations to see the financial health of the plans. These valuations need to happen at least once every six years for one program and yearly for two others, with reports sent to the Governor and Legislature. Finally, the actuary should suggest necessary rates, methods to pay off any unfunded debts, and provide other required services.

The board shall acquire the services of an actuary to do all of the following:
(a)CA Education Code § 22311.5(a) Make recommendations to the board for the adoption of actuarial assumptions that, in the aggregate, are reasonably related to the past experience of the plan and reflect the actuary’s informed estimate of the future experience.
(b)CA Education Code § 22311.5(b) Make an actuarial investigation of the demographic and economic experience, including the mortality, service, and other experience, of the plan with respect to members and beneficiaries of the Defined Benefit Program; members, beneficiaries, and annuity beneficiaries of the Defined Benefit Supplement Program; and participants and beneficiaries of the Cash Balance Benefit Program.
(c)CA Education Code § 22311.5(c) Make an annual actuarial review of the goals regarding the sufficiency of the Gain and Loss Reserves with respect to the Defined Benefit Supplement Program and the Cash Balance Benefit Program and make recommendations to the board for maintaining a sufficient Gain and Loss Reserves for the Defined Benefit Supplement Program and the Cash Balance Benefit Program.
(d)CA Education Code § 22311.5(d) Recommend to the board the amount, if any, to be transferred to the separate Gain and Loss Reserves from the investment earnings of the plan with respect to the Defined Benefit Supplement Program and the Cash Balance Benefit Program.
(e)CA Education Code § 22311.5(e) At least once every six years with respect to the Defined Benefit Program and annually with respect to the Defined Benefit Supplement Program and the Cash Balance Benefit Program, using actuarial assumptions adopted by the board, perform an actuarial valuation of each program that identifies the assets and liabilities, and report the findings to the board. The report of the actuary on the results of each actuarial valuation shall identify and include the components of normal cost, if applicable, and adequate information to determine the effects of changes in actuarial assumptions. Copies of the report on each actuarial valuation shall be transmitted to the Governor and the Legislature.
(f)CA Education Code § 22311.5(f) Recommend to the board all rates and factors necessary to administer the plan, including, but not limited to, mortality tables, annuity factors, interest rates, and additional earnings credits.
(g)CA Education Code § 22311.5(g) Recommend to the board a strategy for amortizing any unfunded actuarial obligation.
(h)CA Education Code § 22311.5(h) As requested by the board, perform any other actuarial services that may be required for administration of the plan.

Section § 22311.7

Explanation

This section says that after reviewing certain financial analyses, the board must update and adopt the necessary financial assumptions and figures to manage the retirement plan effectively.

Upon the basis of the actuarial investigation and actuarial valuation pursuant to Section 22311.5, or any part thereof, the board shall adopt by plan amendment actuarial assumptions, rates, factors, and tables as the board determines are necessary for administration of the plan and its programs.

Section § 22311.9

Explanation

This law requires a board to report to the Legislature every five years about the financial health of a specific retirement benefit program. The focus is on assessing and addressing any financial shortfalls related to service credits earned by members before July 1, 2014. The aim is to eliminate these shortfalls by 2046. These reports must follow certain legislative guidelines and the law will be inactive after 2046.

(a)CA Education Code § 22311.9(a) The board shall report to the Legislature on or before July 1, 2019, and every five years thereafter, on the fiscal health of the Defined Benefit Program and the unfunded actuarial obligation with respect to service credited to members of that program before July 1, 2014. The first report shall include the unfunded actuarial obligation and funded ratio as of the date of enactment of this section and compare that with the unfunded actuarial obligation and funded ratio as of June 30, 2018, and the projected unfunded actuarial obligation and funded ratio as of June 30, 2046, based on contributions, and economic and demographic assumptions identified in the June 30, 2018, actuarial valuation. The report shall also identify adjustments required in contribution rates in order to eliminate by June 30, 2046, the unfunded actuarial obligation of the Defined Benefit Program with respect to service credited to members of that program before July 1, 2014. Subsequent reports shall include the unfunded actuarial obligation and the funded ratio of the Defined Benefit Program based on the actuarial valuation of the preceding year, and shall identify adjustments required in contribution rates in order to eliminate by June 30, 2046, the unfunded actuarial obligation of the Defined Benefit Program with respect to service credited to members of that program before July 1, 2014. These reports shall be provided consistent with the requirements of Section 9795 of the Government Code.
(b)CA Education Code § 22311.9(b) This section shall become inoperative on July 1, 2046, and as of January 1, 2047, is repealed.

Section § 22313

Explanation

This law section says that when new rates of contribution are adopted for the Teachers' Retirement Law, they can't be applied retroactively to times before the changes were made. Also, any changes to the pension benefits for retired members or their beneficiaries can only happen from the date the changes are made, except when fixing calculation errors at retirement, disability, or death.

(a)CA Education Code § 22313(a) No adjustment shall be included in new rates of contribution adopted by the board on the basis of an investigation, valuation, and determination or because of amendment to the Teachers’ Retirement Law with respect to the Defined Benefit Program, for time prior to the effective date of the adoption or amendment, as the case may be.
(b)CA Education Code § 22313(b) No action of the board, other than correction of errors in calculating the allowance or annuity at the time of retirement, disability or death of a member shall change the allowance or annuity payable to a retired member or beneficiary prior to the date the action is taken.

Section § 22314

Explanation

When you are about to retire, the system must let you know that your retirement payments might lead to future taxes.

The system shall inform a member, upon retirement, that future tax liabilities may occur as the result of the pending retirement allowance.

Section § 22317.5

Explanation

This section outlines limits on how much compensation is considered when calculating pension benefits for certain public employees in California. If you joined the Defined Benefit Program after July 1, 1996, or are subject to the California Public Employees’ Pension Reform Act of 2013, specific limits apply. These limits align with federal guidelines and adjust for cost of living changes annually. Contributions can't be made on earnings above these limits, and any changes will be updated online by 2027. The Legislature can change some rules but can't reduce benefits already accrued.

(a)CA Education Code § 22317.5(a) The amount of compensation that is taken into account in computing benefits payable under this part shall not exceed the following limitations:
(1)CA Education Code § 22317.5(a)(1) For any person who first becomes a member of the Defined Benefit Program on or after July 1, 1996, the annual compensation limitations prescribed by Section 401(a)(17) of Title 26 of the United States Code upon public retirement systems, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of Internal Revenue for increases in cost of living. The determination of compensation for each 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average annual compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period, shall be subject to the annual compensation limit applicable to that period.
(2)CA Education Code § 22317.5(a)(2) For a member subject to the California Public Employees’ Pension Reform Act of 2013:
(A)Copy CA Education Code § 22317.5(a)(2)(A)
(i)Copy CA Education Code § 22317.5(a)(2)(A)(i) One hundred twenty percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a member whose service is not included in the federal system.
(ii)CA Education Code § 22317.5(a)(2)(A)(i)(ii) One hundred percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a member whose service is included in the federal system pursuant to any changes in state or federal law enacted on or after January 1, 2013.
(B)CA Education Code § 22317.5(a)(2)(B) The system shall adjust the limit based on the annual changes to the Consumer Price Index for All Urban Consumers: U.S. City Average, calculated by dividing the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February in the fiscal year preceding the adjustment by the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February of the previous year rounded to the nearest thousandth. Notwithstanding paragraph (1) of subdivision (d) of Section 7522.10 of the Government Code, the adjustment shall be effective annually on July 1, beginning July 1, 2014.
(C)CA Education Code § 22317.5(a)(2)(C) The Legislature reserves the right to modify the requirements of this subdivision with regard to all members subject to this subdivision, except that the Legislature shall not modify these provisions in a manner that would result in a decrease in benefits accrued before the operative date of the modification.
(b)CA Education Code § 22317.5(b) Notwithstanding any other provision of this part, no member contribution shall be paid upon any compensation in excess of the annual compensation limitations prescribed by this section.
(c)Copy CA Education Code § 22317.5(c)
(1)Copy CA Education Code § 22317.5(c)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22317.5(c)(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).

Section § 22318

Explanation

If you're a member receiving disability payments, your first payment will be sent out within 45 days of your disability being approved, the date your disability retirement starts, or once all needed paperwork is received, whichever comes last. After that, you'll continue to get monthly payments. If there's any information missing, they might estimate your first payment. The final amount of your disability payments, including any back pay you're owed, will be settled and paid within 45 days once they have everything they need.

(a)CA Education Code § 22318(a) The initial payment to a disabled member or member retired for disability shall be paid within 45 days following the date the disability is approved, the effective date of the disability retirement or disability allowance, or receipt of all necessary information, whichever occurs last. Monthly payments shall continue thereafter. Initial payments may be based on a good faith estimated amount pending receipt by the system of all necessary employment, dependent, and other public benefit information.
(b)CA Education Code § 22318(b) The allowance payable to a disabled member or member retired for disability shall be finalized and a retroactive payment, if one is due, shall be issued within 45 days of receipt by the system of all necessary information.

Section § 22319

Explanation

This section describes the timeline and process for issuing retirement payments in California. When someone retires, their first payment should arrive within 45 days after their retirement date or when their complete application is received, whichever is later. If a beneficiary is receiving death benefits, their first payment should also come within 45 days after submitting the necessary application and proof of death. After that, payments will continue monthly. If there's a delay in getting all employment information, payments might start based on an estimate. Once all required information is received, any adjustments needed will be finalized, and any extra money owed will be paid out within 45 days.

(a)CA Education Code § 22319(a) The initial payment to a member retired for service shall be issued within 45 days of either the effective date of retirement or receipt by the system of a completed application for retirement, whichever is later. The initial payment to an option beneficiary shall be issued within 45 days following receipt by the system of a completed application for death benefits and proof of death of the member. Monthly payments shall continue thereafter. Payments may be based on a good faith estimate pending receipt by the system of all necessary employment information.
(b)CA Education Code § 22319(b) The allowance payable to a member retired for service or option beneficiary shall be finalized and a retroactive payment, if one is due, shall be issued within 45 days of receipt by the system of all necessary information.

Section § 22320

Explanation

This law states that death benefits from certain chapters must be paid to the beneficiary or the deceased's estate within 45 days once all required information is received by the system handling these benefits.

The death benefits provided pursuant to Chapter 22 (commencing with Section 23800), Chapter 23 (commencing with Section 23850), and Chapter 24 (commencing with Section 23880) shall be paid to the beneficiary or estate within 45 days of receipt by the system of all necessary information.

Section § 22321

Explanation

This law states that if there are delays in making payments beyond the allowed time, interest must be paid at the regular rate. The interest is considered income for the year it is paid. This interest is in addition to any other interest that might already be credited.

The system shall pay interest for delays in excess of the allowable days specified in Sections 22318 to 22320, inclusive. The interest rate for late payments shall be the regular interest rate. Interest payments shall be deemed to be interest earned in the calendar year in which paid. All interest payments under this section shall be paid in addition to any credited interest that is paid.

Section § 22322

Explanation

Every month, the system needs to inform the board about any payments that were not made on time.

The system shall report monthly to the board on all late payments.

Section § 22323

Explanation

This law requires a monthly report to the board about any death benefits that are still unpaid six months after the member's death was reported.

The system shall report monthly to the board concerning outstanding death benefits payable that have not been paid within six months of the notification of the death of the member.

Section § 22324

Explanation

This law requires the board to submit an annual report by March 1st to the Governor and Legislature about their activities related to retirement planning and funding. The report should include details about benefits, procedures, trends, and the system’s assets. Specifically, it must contain an audit, an actuarial valuation letter, an asset mix strategy review, investment descriptions and returns, reports on external investment advisors and contracts, and shareholder voting. It should also cover how inflation impacts benefits and the measures taken to maintain purchasing power for retirees.

The board shall file an annual report with the Governor and the Legislature by March 1 of each year on all phases of its work that could affect the need for public contributions for costs of administration of the system, including the subjects of benefits, programs, practices, procedures, comments on trends and developments in the field of retirement, and the following information on the assets of the plan:
(a)CA Education Code § 22324(a) A copy of the annual audit performed pursuant to Section 22217.
(b)CA Education Code § 22324(b) A certification letter from the system’s consulting actuary concerning the findings of the most recent actuarial valuation, accompanied by analysis of funding progress and summaries of the actuarial cost method, assumptions, and demographic data, including actual payroll subject to the system.
(c)CA Education Code § 22324(c) A review of the system’s asset mix strategy, a market review or the economic and financial environment in which investments were made, and a summary of the system’s general investment strategy.
(d)CA Education Code § 22324(d) A description of the investments of the system at cost and market value, and a summary of major changes that occurred since the previous year.
(e)CA Education Code § 22324(e) The annual return on investments and the following information regarding the rate of return of the system by asset type:
(1)CA Education Code § 22324(e)(1) Time-weighted market value rate of return on a five-year, three-year, and one-year basis.
(2)CA Education Code § 22324(e)(2) Time-weighted book value rate of return on a five-year, three-year, and one-year basis.
(3)CA Education Code § 22324(e)(3) Portfolio return comparisons that compare investment returns with universes and indexes.
(f)CA Education Code § 22324(f) A report on the use of outside investment advisers and managers.
(g)CA Education Code § 22324(g) A report on the nature and cost of investment contract services used, including either the start date of an existing contract or, if there are multiple existing contracts with the same contractor or vendor, the earliest start date.
(h)CA Education Code § 22324(h) A report on shareholder voting.
(i)CA Education Code § 22324(i) A report for the prior fiscal year on the following information:
(1)CA Education Code § 22324(i)(1) The percentage of purchasing power protection and any changes adopted by the board.
(2)CA Education Code § 22324(i)(2) The extent to which inflation has eroded the purchasing power of benefits provided under the Defined Benefit Program.
(3)CA Education Code § 22324(i)(3) The amount of supplementary increases in retirement allowances required to preserve the purchasing power of benefits provided by the Defined Benefit Program.

Section § 22324.5

Explanation

This section relates to changes in certain rules, which the board needs to manage by creating necessary guidelines. The board will decide a start date for these changes based on when it's ready to handle them, and this date will be announced online by July 1, 2027. The changes will go into effect on the date set by the board.

(a)CA Education Code § 22324.5(a) The amendments to this part by the act adding this section during the second year of the 2023–24 Regular Session are consistent with subdivision (e) of Section 22115. The board shall adopt regulations to the extent required in order to continue to administer the statutes accordingly.
(b)Copy CA Education Code § 22324.5(b)
(1)Copy CA Education Code § 22324.5(b)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22324.5(b)(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).

Section § 22325

Explanation

This section requires the system to annually publish resources on its website explaining how to apply the laws related to creditable compensation and service. Employers must follow these until they're updated or replaced. If the system changes its interpretations, it must notify employers and unions before applying them, and these changes can't be applied to past compensation unless new laws, executive orders, or court decisions require it. Employers are expected to follow current laws and guidelines, but if they rely on the system's resources and an error is found, it's considered the system's fault and overpayments will be handled according to specific recovery processes.

(a)CA Education Code § 22325(a) The system, at least annually, shall identify and provide resources on its website that interpret and clarify the applicability of creditable compensation and creditable service laws in this part and regulations promulgated pursuant to this part. Resources identified by the system shall be relied upon and used for purposes of subdivision (c) until and unless such a resource is revoked or superseded by the system.
(b)CA Education Code § 22325(b) New or different interpretations of law, including those that would modify the application of prior interpretations, that differ from the resources identified by the system pursuant to subdivision (a) shall not take effect until after notice is issued to employers and exclusive representatives and shall not be applied retroactively to compensation reported prior to that notice, unless a retroactive interpretation is the result of a state or federal law, an executive order of the Governor, or a final court order.
(c)CA Education Code § 22325(c) For purposes of audits or any other actions by the system, employers are responsible for complying with the laws and regulations in effect at the time the compensation is reported, except when such laws or regulations are superseded by state or federal law, an executive order of the Governor, or final court order. If the system later determines that compensation reported in accordance with the system’s resources identified pursuant to this section has been reported in error, as a result of an error in those resources, the resulting overpayment to the individual member, former member, or beneficiary shall be deemed an error by the system and shall be recovered pursuant to paragraph (4) of subdivision (a) of Section 24616.2.

Section § 22326

Explanation

This section allows employers or representatives to request advice on how to report employee compensation correctly under certain laws and regulations. The request has to include the specific compensation details, the reasoning for the inquiry, and any required documents. The advisory letter given by the system offers formal guidance, but can be affected by new laws or orders. If the advice given is incorrect and leads to overpayments, the system has to recover those funds. Only those directly referenced in the advisory letter can use it as evidence of system error.

(a)CA Education Code § 22326(a) For the purposes of this section:
(1)CA Education Code § 22326(a)(1) “Advisory letter” means a written determination issued to an employer or an exclusive representative in response to the employer’s or exclusive representative’s submission relating to specific compensation language that is included, or is proposed to be included, in a publicly available written contractual agreement in order for the system to provide formal written guidance for the proper reporting of such compensation consistent with the laws governing creditable compensation and the administrative regulations of the system.
(2)CA Education Code § 22326(a)(2) “Material facts” means facts that would have changed the determination made in an advisory letter.
(b)CA Education Code § 22326(b) An employer or an exclusive representative may submit to the system a request for an advisory letter.
(c)Copy CA Education Code § 22326(c)
(1)Copy CA Education Code § 22326(c)(1) A submission to the system under subdivision (b) shall be in writing on a form provided by the system and shall include the specific compensation language, a description of the facts related to the compensation language, and the basis of the requesting party’s inquiry, including, but not limited to, specific questions about the reporting of the compensation, and any other supporting documents or requirements the system deems necessary to complete its review.
(2)CA Education Code § 22326(c)(2) A submission to the system may be denied if it involves an issue that is in litigation with the system and the employer or a member to whom the advisory letter would expressly relate.
(3)CA Education Code § 22326(c)(3) A submission to the system may be withdrawn by the employer or exclusive representative at any time before an advisory letter is provided.
(d)Copy CA Education Code § 22326(d)
(1)Copy CA Education Code § 22326(d)(1) The system shall provide an advisory letter regarding the submission to the employer or exclusive representative within 30 days of the receipt of all information requested by the system, unless an extended period of time is necessary for good cause.
(2)CA Education Code § 22326(d)(2) An advisory letter may be superseded by state or federal law, an executive order of the Governor, final court order, or a resource identified pursuant to Section 22325.
(e)CA Education Code § 22326(e) If the system later determines that specific compensation reported in accordance with the system’s advisory letter provided pursuant to this section has been reported in error by the employer identified in the advisory letter as a result of an error in the advisory letter, the resulting overpayment to the individual member, former member, or beneficiary shall be deemed an error by the system and shall be recovered pursuant to paragraph (4) of subdivision (a) of Section 24616.2.
(f)CA Education Code § 22326(f) Only the employer identified in the advisory letter or a member to whom an advisory letter expressly relates may use and rely upon the advisory letter, or offer the advisory letter as evidence of an error by the system. The use and reliance upon, or the offering in evidence of, an advisory letter shall be contingent on a system determination that all material facts related to the specific compensation were disclosed in the submission and the employer reported that specific compensation in reliance on the advisory letter.
(g)CA Education Code § 22326(g) This section shall become operative on July 1, 2023.

Section § 22327

Explanation

This law allows the Employment Development Department to share information about a person's earnings with the Defined Benefit Program if that person is receiving a disability benefit or doing retired member activities. The request must be in writing by an authorized person from the system. The system can only use this information for certain specified legal purposes and must inform affected members that they might get this information. The system isn't allowed to share this earnings information with anyone else and must pay the Employment Development Department for any costs they incur to provide this information.

Notwithstanding any other provision of law, the Employment Development Department shall disclose to the system information in its possession relating to the earnings of any person who is a member of the Defined Benefit Program, if the member is receiving a disability benefit or performing retired member activities. The earnings information shall be released to the system only upon written request from the system specifying that the person is a member of the Defined Benefit Program and is receiving a disability benefit or performing retired member activities. The system shall use the information obtained pursuant to this section only for purposes of Chapter 25 (commencing with Section 24001), Chapter 26 (commencing with the Section 24100), Section 24214, or Section 24214.5. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing. The system shall notify members receiving a disability benefit or performing retired member activities that earnings information shall be obtained from the Employment Development Department upon request by the system. The system shall not release any earnings information received from the Employment Development Department to any person, agency, or other entity. The system shall reimburse the Employment Development Department for all reasonable administrative expenses incurred pursuant to this section.

Section § 22328

Explanation

This law explains what happens to a person's retirement or disability contributions when their allowance ends. If you started receiving retirement or disability benefits after July 1, 1972, your account will be credited with your original contributions minus the amount already paid in benefits. The deduction won't be more than what you've put in. Also, if your retirement allowance ends, any annuity contributions you made will be credited similarly, subtracting the amount you've already received.

(a)CA Education Code § 22328(a) Upon termination of a retirement allowance or disability allowance that began to accrue on or after July 1, 1972, the person’s individual account shall be credited with the amount of his or her accumulated retirement contributions as they were on the effective date of retirement or disability, less the sum of all payments made under paragraph (1) of subdivision (a) of Section 24202, and under Sections 24006 and 24007. The reduction shall not be greater than the total of the accumulated retirement contributions.
(b)CA Education Code § 22328(b) Upon the termination of a retirement allowance, the person’s accumulated annuity deposit contribution accounts shall be credited with the amounts of the contributions as they were on the date the annuity became payable because of the retirement less the sum of all payments made under paragraph (2) of subdivision (a) of Section 24202.

Section § 22329

Explanation

This law requires that a toll-free phone line be set up so that all members and beneficiaries of the system in California can get help through the phone, no matter where they are located.

In order to provide equitable telephone assistance to all members and beneficiaries, regardless of their location in California, the system shall install a toll-free, “800” prefix, line.

Section § 22330

Explanation

This section requires the board to give the state legislature an analysis whenever there's a bill that could affect how the retirement plan invests, is funded, or the benefits it offers. It explains how they analyze and what assumptions they make. Legislative fiscal committees can't review these bills without this analysis. Moreover, up to $50,000 can be used each year from the retirement fund to cover the costs of creating these analyses, regardless of fiscal year tracking.

(a)CA Education Code § 22330(a) The board shall provide the Legislature with an analysis of the asset and liability implications of each bill that would affect the investment strategy of the system, the funding of the plan, or the benefit structure of the plan. The analysis shall include an explanation of the methodology employed and the assumptions used in its preparation. Neither fiscal committee of the Legislature shall hear any such bill until the analysis has been provided to the committee.
(b)CA Education Code § 22330(b) There is hereby continuously appropriated, without regard to fiscal years, from the retirement fund, an amount sufficient to pay all costs arising from subdivision (a), but not to exceed fifty thousand dollars ($50,000) in any one fiscal year.

Section § 22337

Explanation

This law section talks about how certain communications or actions related to specific sections can be done electronically. It says electronic delivery can become the usual way of communication, as long as people are told they can still choose to get information by mail. Until electronic communication is officially set up, mail will be the default. If an action needs to happen a certain number of days after receiving something, the day it's emailed counts as the starting point instead of the day it would be mailed.

(a)CA Education Code § 22337(a) The requirements and procedures described in this section shall apply, to the extent that they are applicable, to the following sections:
(1)CA Education Code § 22337(a)(1) Section 22309.
(2)CA Education Code § 22337(a)(2) Section 22661.
(3)CA Education Code § 22337(a)(3) Section 22662.
(4)CA Education Code § 22337(a)(4) Section 22663.
(5)CA Education Code § 22337(a)(5) Section 22801.
(6)CA Education Code § 22337(a)(6) Section 23104.
(7)CA Education Code § 22337(a)(7) Section 23203.
(8)CA Education Code § 22337(a)(8) Section 24615.
(9)CA Education Code § 22337(a)(9) Section 26214.
(b)CA Education Code § 22337(b) A communication or other action described in a section listed in subdivision (a) may be made by electronic delivery pursuant to the requirements of this section. The system may designate electronic delivery the default method of communication or other action with regard to these sections, provided that the system notifies the parties affected that they have the right to request delivery by mail and that, unless the affected party elects, in a manner specified by the system, to continue delivery by mail, delivery shall be provided electronically.
(c)CA Education Code § 22337(c) Prior to the designation described in subdivision (b), mail shall continue to be the default method of communication unless the member, nonmember spouse, participant, nonparticipant spouse, or beneficiary has requested that he or she receive that communication electronically, pursuant to a procedure specified by the system.
(d)CA Education Code § 22337(d) If a provision in a section listed in subdivision (a) requires that action be taken within a specified number of days of a mailing date, and electronic delivery has been substituted for delivery by mail, date of electronic delivery shall substitute for date of mailing for purposes of measuring the number of days within which an action is to be taken.

Section § 22338

Explanation

This law is about conducting criminal background checks on certain employees and job applicants for a specific system. It applies to current employees and applicants who have received a tentative job offer. The system requires these checks for roles that involve access to sensitive information, executive duties, legal services, financial roles, and positions requiring driving. Fingerprints and related details must be submitted to the Department of Justice, which then provides a state or federal response. The system uses this information solely for employment-related decisions and applicant screening during the hiring process.

(a)Copy CA Education Code § 22338(a)
(1)Copy CA Education Code § 22338(a)(1) This section applies to current employees of the system as a condition of their employment as well as applicants who apply to become employees of the system while a tentative offer is still pending.
(2)CA Education Code § 22338(a)(2) The criminal history check authorized by this section is limited to those employees and applicants whose duties include, or would include, any of the following:
(A)CA Education Code § 22338(a)(2)(A) Access to confidential or sensitive information and data maintained by the system or submitted to the system by its members and others.
(B)CA Education Code § 22338(a)(2)(B) The system’s chief executive officer performing duties pursuant to Section 22301.
(C)CA Education Code § 22338(a)(2)(C) Legal services and operations.
(D)CA Education Code § 22338(a)(2)(D) Actuarial, investment, audit, accounting, and financial services.
(E)CA Education Code § 22338(a)(2)(E) A position that requires driving as an essential function of the position.
(b)CA Education Code § 22338(b) The system shall submit to the Department of Justice fingerprint images and related information required by the department of each employee and applicant for employment, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code.
(c)CA Education Code § 22338(c) The Department of Justice shall provide a state or federal response to the system pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d)CA Education Code § 22338(d) The system shall use the records and information received from the Department of Justice pursuant to subdivisions (b) and (c) exclusively for the purposes of employment subject to Section 19572 of the Government Code and to screen applicants for employment while a tentative offer is still pending with the system.